§ 45-19-1.1 Liability of third person fordamages. – Where the injury or sickness for which compensation is payable under §45-19-1, was caused under circumstances creating a legal liability in someperson other than the employer to pay damages in respect of the injury orsickness, the employee may take proceedings, against that person to recoverdamages, and the employee is be entitled to receive both damages andcompensation; provided, that the employee, in recovering damages either byjudgment or settlement from the person liable to pay damages, shall reimbursethe city, town, or the state of Rhode Island by whom the compensation was paidto the extent of the compensation paid as of the date of the judgment orsettlement, and the receipt of those damages by the employee does not barfuture compensation. If the employee has been paid compensation under thatchapter, the city, town, or state of Rhode Island, by whom the compensation waspaid, is entitled to indemnity from the person liable to pay damages aspreviously stated, and to the extent of the indemnity, is subrogated to therights of the employee to recover damages; provided, that when money has beenrecovered, either by judgment or by settlement, by the employee from the personliable to pay damages as previously stated, by suit or settlement, and theemployee is required to reimburse the city, town, or state of Rhode Island bywhom the compensation was paid, the employee or the employee's attorney isentitled to withhold, from the amount to be reimbursed, that proportion of thecosts, witness expenses, and other out-of-pocket expenses and attorney fees,which is the amount which the employee is required to reimburse the city, town,or state of Rhode Island by whom compensation was paid, bears to the amountrecovered from the third party.
§ 45-19-1.1 Liability of third person fordamages. – Where the injury or sickness for which compensation is payable under §45-19-1, was caused under circumstances creating a legal liability in someperson other than the employer to pay damages in respect of the injury orsickness, the employee may take proceedings, against that person to recoverdamages, and the employee is be entitled to receive both damages andcompensation; provided, that the employee, in recovering damages either byjudgment or settlement from the person liable to pay damages, shall reimbursethe city, town, or the state of Rhode Island by whom the compensation was paidto the extent of the compensation paid as of the date of the judgment orsettlement, and the receipt of those damages by the employee does not barfuture compensation. If the employee has been paid compensation under thatchapter, the city, town, or state of Rhode Island, by whom the compensation waspaid, is entitled to indemnity from the person liable to pay damages aspreviously stated, and to the extent of the indemnity, is subrogated to therights of the employee to recover damages; provided, that when money has beenrecovered, either by judgment or by settlement, by the employee from the personliable to pay damages as previously stated, by suit or settlement, and theemployee is required to reimburse the city, town, or state of Rhode Island bywhom the compensation was paid, the employee or the employee's attorney isentitled to withhold, from the amount to be reimbursed, that proportion of thecosts, witness expenses, and other out-of-pocket expenses and attorney fees,which is the amount which the employee is required to reimburse the city, town,or state of Rhode Island by whom compensation was paid, bears to the amountrecovered from the third party.
§ 45-19-1.1 Liability of third person fordamages. – Where the injury or sickness for which compensation is payable under §45-19-1, was caused under circumstances creating a legal liability in someperson other than the employer to pay damages in respect of the injury orsickness, the employee may take proceedings, against that person to recoverdamages, and the employee is be entitled to receive both damages andcompensation; provided, that the employee, in recovering damages either byjudgment or settlement from the person liable to pay damages, shall reimbursethe city, town, or the state of Rhode Island by whom the compensation was paidto the extent of the compensation paid as of the date of the judgment orsettlement, and the receipt of those damages by the employee does not barfuture compensation. If the employee has been paid compensation under thatchapter, the city, town, or state of Rhode Island, by whom the compensation waspaid, is entitled to indemnity from the person liable to pay damages aspreviously stated, and to the extent of the indemnity, is subrogated to therights of the employee to recover damages; provided, that when money has beenrecovered, either by judgment or by settlement, by the employee from the personliable to pay damages as previously stated, by suit or settlement, and theemployee is required to reimburse the city, town, or state of Rhode Island bywhom the compensation was paid, the employee or the employee's attorney isentitled to withhold, from the amount to be reimbursed, that proportion of thecosts, witness expenses, and other out-of-pocket expenses and attorney fees,which is the amount which the employee is required to reimburse the city, town,or state of Rhode Island by whom compensation was paid, bears to the amountrecovered from the third party.
